Transfer of clients or closure of the facility and transfer of clients
Arkansas Code § 20-10-203; Arkansas Code § 20-10-224
(a) Transfer of clients or closure of the facility and transfer of clients in an emergency. The Office of Long-Term Care has the authority to transfer clients to another facility when:
- (1) An emergency exists wherein the health, safety, or welfare of clients is imperiled, and no other remedy exists that would ensure the continued health, safety, or welfare of the clients;
- (2) A facility intends to close but has not arranged for the orderly transfer of its clients at least thirty (30) days prior to closure; or
- (3) The facility exceeds its slot capacity as indicated or stated on the facility's license, or accepts more clients than the facility has number of slots as indicated or stated on the facility's license, unless granted a waiver by the office.
- (b) Required transfer when a facility's adult day health care license is terminated. When a facility's license is terminated, or when the facility closes either voluntarily or involuntarily, the office may assist in the safe and orderly transfer of all clients to another facility.
(c) When the office orders transfer of clients from a facility, the office may:
- (1) Assist in providing for the orderly transfer to other suitable facilities or make other provisions for the clients' care and safety;
- (2) Assist in or arrange for transportation of the clients, their medical records, and belongings, assist in locating alternative placement, assist in preparing the client for transfer, and permit the clients' legal guardians or responsible party to participate in the selection of the clients' new placement; and
- (3) Unless transfer is due to an emergency, explain alternative placement options to the clients and provide orientation to the placement chosen by the client or their guardian or responsible party.
- (d) Notice of transfer remedy. Unless transfer is due to an emergency, the office shall provide the facility from which the clients are to be transferred at least fifteen (15) days’ notice of the proposed transfer.